[homeles_ot-l] "Unofficial" record of today's United Nations' debate on Canada

[Lynne Browne]

FYI 
 Lynne Browne

Coordinator, Alliance to End Homelessness (ATEH)

147 Besserer St., Ottawa, ON K1N 6A7

613-241-7913, ext. 205, Cell 613-513-6647

HYPERLINK "http://www.endhomelessnessottawa.ca"www.endhomelessnessottawa.ca


   _____  

From: Michael Shapcott [mailto:Michael at wellesleyinstitute.com] 
Sent: February 3, 2009 4:53 PM
To: Michael Shapcott
Subject: "Unofficial" record of today's United Nations' debate on Canada

 

Earlier today (Feb. 3), Canada’s record of compliance with its international
human rights obligations (including the right to housing) was reviewed by
the United Nations’ Human Rights Council in Geneva. You can find more
information at HYPERLINK
"http://www.ohchr.org/EN/HRBodies/UPR/Pages/Highlights3February2009am.aspx"h
ttp://www.ohchr.org/EN/HRBodies/UPR/Pages/Highlights3February2009am.aspx

 

Here is the “unofficial” record of today’s review from the UN HRC (notice
the very selective use of last week’s federal budget to buttress Canada’s
position):

 

 

Human Rights Council – Universal Periodic Review

3 February 2009 (morning)
For use of information media; not an official record

· The Human Rights Council’s Universal Periodic Review Working Group this
afternoon reviewed the fulfilment of human rights obligations by the Canada,
during which 45 Council members and observers raised a number of issues
pertaining to the human rights situation in the country.

· Presenting the national report of Canada was John SIMS, Deputy Minister of
Justice of Canada, who noted that Canada had a long tradition of promotion
and protection of freedom, democracy, human rights, and the rule of law both
at home and abroad. Canada was a democratic country with a written
constitution based on the rule of law, a division of law-making authority
between levels of government and an entrenched bill of rights – the Canadian
Charter of Rights and Freedoms. Indigenous peoples, who were the first
inhabitants of Canadian territory, were a defining aspect of Canada. Canada
was a multicultural and multi-ethnic society whose ethno-cultural
composition had been shaped over time by different waves of immigrants and
their descendants. While the common law and statutes in Canada provided some
human rights protection prior to 1948, more comprehensive human rights
statutes protecting against discrimination in the provision of public
services began to be enacted in provinces beginning in the late 1940s and
throughout the 50s and 60s. Canada’s human rights tradition was also
particular to its environment and its political and cultural heritage. In
most cases, the advancement of economic, social and cultural rights was
achieved through policies, programmes, and incentives. In Canada, respect
for human rights had become very much a part of its national discourse. This
public discussion of human rights was ongoing. As to the preparation of the
national report, in January, engagement sessions with civil society were
held in six cities across Canada. These meetings attracted a wide range of
Aboriginal representatives and NGOs. 

On Aboriginal issues, the Deputy Minister noted that reconciliation and a
renewed partnership with Aboriginal people have become key pillars in
Canada’s Aboriginal Agenda. On June 11, 2008, the Government of Canada, on
behalf of all Canadians, offered an historic formal apology to former
student of Indian Residential Schools. The apology was part of the Indian
Schools Residential Settlement Agreement, which included compensation to
former students and the creation of a Truth and Reconciliation Commission to
give voice to those who experienced the Indian Residential School system. In
addition, the Canadian Human Rights Act was amended last year to allow
issues of discrimination arising under the Indian Act to be addressed under
the Canadian Human Rights Act. Violence against Aboriginal women was an
issue of significant concern and one that had been highlighted by various
agencies, groups and bodies. Canada was working with Aboriginal women and
organizations to develop and enhance family violence prevention programmes
and services on reserves in Canada. Canada remained committed to fulfilling
its existing human rights obligations and commitment to Aboriginal peoples
in Canada and was active internationally in working to improve the situation
of indigenous peoples around the world. 

Turning to the issue of housing and homelessness in Canada, the head of
delegation noted that in Canada’s budget presentation last week, the
Government promised 2 billion dollars to face this challenge. In 2007,
Canada implemented the Homelessness Partnering Strategy in order to prevent
and reduce homelessness in communities across Canada. Governments in Canada
were also making substantial investments through a range of programmes,
including ongoing funding to support some 626,000 existing social housing
units. Most recently, in the Fall of 2008, the Canadian Government approved
a five-year funding plan, placing an even more concerted effort on the
housing needs of Canadians. On the issue of counter-terrorism, Canada did
not see respect for human rights and the fight against terrorism as mutually
exclusive endeavours. The laws of Canada contained safeguards for the
protection of the rights of terrorist suspects. Canada’s Anti-Terrorism Act
implemented Security Council resolution 1373 and related obligations. This
Act was not emergency legislation. Rather it was legislation that amended a
number of existing laws and added new forms of the government to Canada’s
general criminal law. Canada was making progress on enhancing procedural due
process rights in hearing in which highly sensitive information formed part
of the Government’s case. Recently, Canada put in place a programme of
special advocates appointed to act on behalf of persons in immigration cases
where those persons were not permitted access to sensitive information. 

· During the three-hour interactive discussion delegations noted a number of
positive achievements of the State under review. These included the
legislative measures to improve the situation of Aboriginal people; actions
and policies to protect and uphold the rights of vulnerable people; the high
rate of women in political positions in Canada; the promotion of gender
equality; Canada’s open policy in welcoming immigrants into its territory;
Canada’s large-scale financial contribution to the budget of international
human rights and humanitarian-related organizations; the commitment
expressed by Canada to address socio-economic disparities and inequalities;
and efforts at combating discrimination and racism. 

· Issues and questions raised by the Working Group, comprised of the 47
members of the Council, and observers participating in the interactive
discussion related to efforts to improve the standards of living for the
most vulnerable groups; information on the discriminatory effects of the
Indian Act on the transmission of Indian status to children, the rights to
marry, own and inherit property; the steps to eliminate all forms of
discrimination; the steps to improve the rights of persons with
disabilities; whether Canada was reconsidering its decision to withdraw from
the Durban reviews process; steps taken to implement the recommendations of
the Special Rapporteur on racism; measures considered to improve the
situation of Canadians of African descent in terms of access to education
and problems with poverty, in particular; measures taken to counter
trafficking in persons; efforts undertaken by Canada to address and punish
cased of violence against women; whether the Government was considering
measures to criminalize domestic violence; the complaints mechanism in place
for the victims of violence against women; an explanation for budget cuts in
HIV/AIDS funding; and measures taken to alleviate poverty.

Addition questions pertained to the measures taken to ensure that Canada’s
combat forces serving in Afghanistan complied with Canada’s human rights
obligations in the context of armed conflict prevailing in that country; the
law on refugees; the measures taken to address cases of asylum seekers or
immigrants in irregular status; the intention of Canada to ratify
international human rights instruments it had yet to; the intention of the
Government to reform the way in which it cooperated with civil society;
information on the government-supported Sisters in Spirit initiative
regarding, for example, the partnership between the Government and civil
society, or best practices; the extent to which civil society was consulted
in the drafting of the national report and plans to bring them into the
follow up process to the review; and the status of the change of policy with
regard to clemency of the death penalty in foreign countries. 

· A number of delegations also posed specific recommendations. These
included: For Canada to re-consider its position and endorse the Declaration
of the Rights of Indigenous Peoples; to consider ratifying ILO Convention
169; to ensure that all relevant recommendations of UN treaty bodies were
fully taken into account and that these did not restrict the development of
Aboriginal rights in the country; to redouble efforts to settle territorial
claims by Aboriginal people; to establish immediate means of redress and
protection of rights of Aboriginal people and other ethno-minorities; to
give the highest priority to addressing inequalities between Aboriginal and
other citizens in Canada, particularly in economic development, education,
citizen empowerment and protection of the vulnerable, resolution of land
claims and reconciliation, governance and self-governance; to continue its
efforts to tackle discrimination against Aboriginal women; and to address
the root cause of domestic violence against women, in particular Aboriginal
women. 

Other recommendations included: To consider specific legislation on domestic
violence; to take measures to help the effective access to justice for
victims of domestic violence; to criminalize domestic violence; to properly
investigate cases of the death of indigenous women; to take on board the
recommendations of CEDAW to criminalize domestic violence; to strengthen
enforcement of legislations and programmes on prohibition of commercial
sexual exploitation of children; to monitor closely the situation of victims
of human trafficking, women migrant workers and women prisoners; and to
conduct a review of the effectiveness of legislation relevant to trafficking
in human beings and to implement reforms, where necessary, to strengthen the
protection of the rights of victims of trafficking. 

Additionally, States recommended that Canada: Give appropriate attention to
end racial discrimination against the Arab and Muslim communities in Canada
including racial and religious profiling; to avoid the misuse of procedures
to profile on the basis of race, religion and origin; to apply provisions of
its hate speech law in a non-selective manner to cover incidents that may
lead to incitement to racial and religious hatred and violence; to review
its discriminatory national laws on security and to adopt sensitization
campaigns to protect racial profiling and stereotyping certain national
ethic, descent and race with terrorism; to combat socio-economic
discrimination; to address the root causes of discrimination; to consider
ratifying the Convention of the rights of persons with disabilities; and to
ensure appropriate representation of minority communities at all levels of
government.

Another set of recommendations included: To submit to scrutiny the
regulations governing the use of “Taser” weapons; to accede to the Optional
Protocol to the Convention against Torture; to reinstate the current policy
with regard to seeking clemency on behalf of all Canadian citizens sentences
to death in other countries; to ensure that detention and prison facilities
as well as standards for the treatment of juveniles were adjusted so that
they were gender sensitive and ensure effective protection of personal
safety of detainees and prisoners; to ensure effective access to justice; to
consider ratifying the Convention on enforced and involuntary
disappearances; to accede to the Convention on the Rights of Migrant Workers
and Members of their families; to make immigration procedures more
transparent and objective and take concrete measures; to accede to the
pending visit request of the Special Rapporteur on human rights of migrants;
and to launch a comprehensive reviews leading to legal and policy reforms
which protected the rights of refugees and migrants. 

Other recommendations included: To ratify international human rights
instruments it had yet to; to establish an effective and inclusive process
to follow up on UPR recommendations; to associate itself with the
Institution Building package of the Human Rights Council; to intensify
efforts to ensure that higher education was equally accessible to all on the
basis of capacity; and to take on board the recommendations of the Special
Rapporteur on adequate housing, specifically to extend and enhance the
national homelessness programme and the Residential Rehabilitation
Assistance Programme. 

· Members States taking the floor during the interactive discussion were
Switzerland, Italy, Chile, Cuba, the United Kingdom, Mexico, Pakistan, the
Netherlands, Brazil, Indonesia, Azerbaijan, India, Malaysia, the
Philippines, Bolivia, Burkina Faso, Ukraine, Jordan, Saudi Arabia, Egypt,
Argentina, China, Japan, Bosnia and Herzegovina, the Russian Federation,
France, the Republic of Korea and Slovakia. 

· Observer States participating in the discussion were Austria, Norway,
Australia, Algeria, Morocco, Liechtenstein, Romania, Chad, Turkey, Finland,
the Czech Republic, Iran, Belgium, Portugal, Vietnam, Syria and Denmark.

· The 20-person delegation of Canada consisted of representatives of the
Department of Justice, the Department of Indian and Northern Affairs, the
Department of Human Resources and Skills Development, the Department of
Foreign Affairs, the Department of Canadian Heritage, the Office of the
Attorney General in the Province of Saskatchewan, le Ministère des Relations
Internationales, Province du Québec, le Mission du Canada à Beijing and the
Permanent Mission of Canada to the United Nations Office at Geneva.

· The three Council members serving as rapporteurs – troika - for the review
of Canada are the United Kingdom, Azerbaijan and Bangladesh. 

· In accordance with its institution-building package, the three documents
on which State reviews should be based are information prepared by the State
concerned, which could be presented either orally or in writing; information
contained in the reports of treaty bodies and Special Procedures, to be
compiled in a report by the Office of the High Commissioner for Human Rights
(OHCHR); and information provided by other relevant stakeholders to the UPR
including non-governmental organizations, national human rights
institutions, human rights defenders, academic institutions and research
institutes, regional organizations, as well as civil society
representatives, also to be summarized by OHCHR in a separate document. The
reports on Canada can be found HYPERLINK
"http://www.ohchr.org/EN/HRBodies/UPR/PAGES/CASession4.aspx" \nhere. 

· The UPR Working Group is scheduled to adopt the report of Canada on
Thursday, 5 February.

 

 

 

 

 

* * *

 

Michael Shapcott, Director of Community Engagement

The Wellesley Institute, 45 Charles Street East - #101

Toronto, Ontario, Canada, M4Y 1S2

Telephone - 416-972-1010, x231

Mobile - 416-605-8316

Facsimile - 416-921-7228

HYPERLINK "http://www.wellesleyinstitute.com"www.wellesleyinstitute.com

 


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